Palace: Gina Acosta testimony establishes Sara Duterte's control over confi funds but judges to decide

Malacañang said Tuesday that the testimony of former Office of the Vice President (OVP) special disbursing officer Gina Acosta established Vice President Sara Duterte’s control over the confidential funds, but acknowledged that the impeachment court will ultimately decide whether the evidence is sufficient for conviction.

Palace Press Officer and Undersecretary Claire Castro said Acosta’s testimony showed that Duterte ordered the release of the confidential funds to her security officer, retired Army Colonel Raymund Lachica.

“The witness ay umamin na ang nag-utos na ibigay ang confidential fund buo ay P125 million ay utos ng bise presidente. Sa kanyang security officer na si Colonel Lachica,” Castro said during a Palace briefing.

(The witness admitted that the order to give the entire P125 million confidential fund came from the Vice President, to her security officer, Colonel Lachica.)

READ: Who is Gina Acosta, prosecution's first hostile witness?

READ: Who is Col. Raymund Lachica, mentioned at VP Sara Duterte impeachment trial?

Castro said Duterte’s physical handling of the money was not necessary to establish her alleged control over its use.

“Hindi naman kailangan hawakan ang pera para magastos. Puwedeng iutos lamang ito,” she said.

(You do not necessarily have to physically handle the money to spend it. You can simply order it.)

According to Castro, Acosta repeatedly testified that she merely relayed information to Lachica, whom she identified as the person who implemented the confidential activities on the ground.

Castro said this, together with Acosta’s testimony on Duterte’s instructions regarding the funds, showed that the “command” and “control” came from the Vice President.

“So para po sa Palasyo, na-establish talaga ang accountability ni Vice President Duterte pagdating dito sa pag-gasta ng confidential funds,” Castro said.

(So for the Palace, the Vice President’s accountability regarding the spending of the confidential funds has been established.)

The Palace, however, stopped short of saying that the testimony alone would result in Duterte’s conviction.

Asked whether Acosta’s statements were enough to convict Duterte on the particular impeachment article, Castro said the matter would depend on the impeachment judges.

“Depende po, depende po iyan sa magiging desisyon ng mga judges,” she said.

(It depends on the decision of the judges.)

Castro said the Palace believes the proceedings should ultimately be decided based on evidence rather than political considerations.

“Ang mga kababayan natin, mas marami ang gusto na ebidensya ang gamitin kesa sa issue ng politika,” she said.

(Our fellow Filipinos, many of them, want evidence to be used rather than political issues.)

She noted that relying on evidence would help ensure due process and justice.

“Kasi kapag ebidensya ang ginamit natin, mas matutugunan natin, unang-una, ang due process, justice, at kung ano ang nararapat at magiging benepisyo nito sa ating bansa at sa taumbayan.”

(Because if we use evidence, we can better uphold due process, justice, and what is proper and beneficial for the country and the people.)

Castro also said the Palace believes Lachica’s role in the handling and implementation of the confidential funds warrants further investigation.

She said the matter should be referred to the Office of the Ombudsman, which she described as a more neutral agency for determining whether there was wrongdoing or possible conspiracy in the use of the funds.

Acosta said on Monday that she released P500 million worth of confidential funds of the OVP to an unbonded officer, or an officer who is not accountable should the funds be lost.

Acosta then made the admission during the direct examination by private prosecutor Amando Ligutan on Day 17 of the impeachment trial of Duterte, with Ligutan pointing out that Acosta already earlier told the Senate impeachment court that she disbursed P500 million worth of confidential funds of the OVP to Colonel Raymund Lachica, the commanding officer of the Vice Presidential Security and Protection Group.

Acosta also said that she does not know why Duterte hired her when she was Davao City mayor and later at the OVP, where she was entrusted with disbursing up to P500 million in confidential funds.

Testifying as a prosecution hostile witness during the 17th day of Duterte's impeachment trial, Acosta had testified that:
• she is not an expert in confidential operations;
• she disbursed the OVP's P500 million confidential fund for 2022 and 2023 to Colonel Raymund Lachica, the OVP's security officer, despite this being prohibited under the 2015-01 Joint Circular governing the use of confidential funds; and
• the 2015-01 Joint Circular does not require an SDO to have a background in confidential operations.

Asked about her educational background, Acosta said she holds a degree in Customs Administration. —KG, GMA News